DUI stands for Driving Under the Influence and this can mean drugs or alcohol. If you are pulled over for this offense and cannot pass a test of exams, which are called sobriety tests and does not pass a breathalyzer then you will most likely be arrested. The breathalyzer test shows just how much alcohol is in your bloodstream and if it is over the legal limit, you are considered DUI. When this happens, you will need to get in touch with a DUI lawyer in Newton.
When you first meet with your DUI lawyer in Newton, they will explain all of the possible scenarios with you if you are convicted of DUI, which can include:
• Revoked or suspended driving license up to twelve months or lifetime suspension if they have repeated offenses
• A set number of hours doing community service
• Court ordered alcohol rehabilitation if you have many convictions.
The scenario can be one or more of these possibilities. If they are an experienced DUI lawyer in Newton, they will challenge the arrest. They will try to convince the Court to reduce the sentence or lower the charges. Many times the lawyer will dispute if the police officer was within their constitutional rights to stop their client’s vehicle. The DUI lawyer in Newtoncan give their client details on what sentence they can expect if this their first DUI charge or if this is just one of many DUI arrests.
When they go to Court, there are generally several hearings. It will start with a hearing at the Department of Motor Vehicles and the last hearing in the State or County court.
It can be overwhelming to choose a good DUI lawyer in Newton, especially if this is your first offense. You could look for one on the internet or the phone book but the best way is to ask someone that you know who has been in this same situation. When trying to decide which DUI lawyer to hire consider their experience and fees because some will charge by the hour while others charge a flat fee.
DUI lawyer in Newton
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The related concepts of crime and law have a long history out of which has emerged a variety of legal systems and juridical forms that necessitate the existence lawyers. Lawyers are a highly trained professional class that is concerned with the study and practice of law, and a criminal defense attorney deals with law that concerns crime.Specifically, a criminal defense attorney defends those who have been accused of a criminal offense. A criminal defense attorney prepares a case in an attempt to protect their clients' civil liberties and have them declared not guilty. In lieu of that, a criminal defense attorney will try to have the sentence given be as light as possible.The legitimacy of law, in political theory, extends from some kind of governing body. The state, as both a theoretical construct, and an actual existing body of government, has historically often been the force behind the legitimacy of systems of laws. In Western political philosophy, it has been argued that a state must be established to protect humans from each other. The role of the criminal attorney is to act as a mediator in disputes involving harm or other criminal acts.From Western political thought emerged the concept of the nation-state, which pairs nationalist feelings of patriotism with the form of the state. The Revolutions of 1848 throughout Europe played a role in the increase of nationalism, as well as liberal democracy and the court systems we see in Europe and North America today.Through this process of nationalism, nations each developed their own particular legal systems that share a common ancestor, but exhibit a wide range of variation that depend largely on the culture from which they derive. However, in cultures that allow people to defend themselves in a criminal court, a lawyer is absolutely necessary.The presentation of documents and verbal discussions had to be coordinated in a hierarchical fashion, as the legitimacy of the law comes from above in the chain of command. The necessitated the existence of courts and judges. Courts serve as official meeting places for lawyers as well as opportunities for judges to decide cases. Some cases are decided by judges, but most criminal cases are decided by juries, whom the criminal defense attorney must convince their client is innocent.In modern legal systems, lawyers are still under the authority of judges, who in turn must answer to the state; however, lawyers also have a larger role, because people are allowed to defend themselves in court. In criminal cases, a defendant can defend him or herself with legal representation. In a criminal court, a lawyer can prosecute or defend individuals or groups in the interpretation and enforcement of laws. The decisions of courts set precedents that increase the likelihood of future court cases being determined in the same way.As you can see, this profession has a long history and could not have achieved its current form without the technology of writing and the accumulation of laws in their written form.
In every criminal trial, the defendant faces a critical strategic decision: to testify or not to testify. Those outside the criminal justice system tend to view this decision in simple terms, believing that the innocent will take the stand and tell their side of the story while those with something to hide will not. Experienced criminal lawyers know that the decision is far more complex and rarely has anything to do with guilt or innocence.Testifying is fraught with peril for any defendant. Guilty or innocent, if the defendant takes the stand, the case will likely turn on his performance as a witness. With so much at stake, the pressure on the defendant is enormous. One false step and he could lose his case. During cross-examination, a skilled prosecutor will attempt to confuse him and twist his words to make it appear that he is lying. If he's a bad public speaker or gets nervous and says the wrong thing, he may appear guilty even though he's not. If the jury is turned off by his tone or demeanor, or simply doesn't like him for inexplicable reasons, the defense may never recover.Apart from the impression the defendant makes during his testimony, the mere act of testifying may have the unintended effect of lowering the burden of proof. In a criminal case, a conviction requires proof beyond a reasonable doubt, the highest standard of proof in our legal system. When the only evidence presented comes from the prosecutor, the jury focuses on whether the prosecutor has met that high burden of proof. Once the defendant testifies, however, jurors tend to focus solely on who they believe, the defendant or the alleged victim. Rather than weighing the prosecutor's case against the extraordinarily high standard of proof beyond a reasonable doubt, the jurors tend to weigh the defendant's story against the prosecutor's or the victim's story. This effectively lowers the standard of proof to something approaching a preponderance standard (more likely than not) and dramatically reduces the chances the defendant will win the case.Finally, in some cases, there is truth to the widely held belief that a defendant who chooses not to testify is hiding something. Court rules normally limit the evidence admitted at trial to that which bears directly on the alleged crime. Evidence of uncharged misconduct and prior criminal convictions is usually excluded for fear that jurors who are exposed to such evidence will convict the defendant just because they believe him to be a bad person rather than because they have been presented proof that he actually committed the charged crime. If a defendant testifies, however, he may open the door for the use of such evidence by the prosecution. Knowing that evidence of prior bad acts may prejudice the jury against him, the defendant may elect not to testify so as to avoid any risk of exposing the jury to such damaging evidence.Because of all the risks involved when a defendant testifies, many criminal defense attorneys advise their clients, regardless of perceived guilt or innocence, not to testify unless absolutely necessary. This advice frustrates the countless defendants who desperately want to proclaim their innocence to the jury. Most criminal defense attorneys have learned the hard way, however, that it is usually much safer to attack the prosecutor's case than to put on one of your own.
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